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LATEST NEWS UPDATES | Delhi police goofs up on Maoist leader Kobad Ghandy

Delhi police goofs up on Maoist leader Kobad Ghandy

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published Published on Mar 29, 2012   modified Modified on Mar 29, 2012
-The Economic Times
 
An embarrassing goof-up by the Delhi Police saw a Delhi court to discharge top CPI(Maoist) leader Kobad Ghandy on Tuesday of charges under the Unlawful Activities (Prevention) Act (UAPA), even as it framed charges against him under IPC provisions relating to cheating, forgery and impersonation.

The failure of the Delhi Police to get mandatory clearance from a UAPA review committee constituted by the relevant sanctioning authority - the Delhi government in this case - led additional sessions judge to drop the charges against Ghandy under the anti-terror law.

The order came even as the judge acknowledged that a UAPA case was made out against the CPI(Maoist) politburo member. "In my opinion, a case is made out against Ghandy under the provisions of Unlawful Activities (Prevention) Act, but I am discharging (of the charges under UAP Act) him for want of proper sanction," the judge said.

Though irked by the Delhi Police special cell for not following the due legal process before approaching the court for framing charges against Ghandy, the home ministry said the Naxal ideologue's discharge from UAPA provisions - which, as amended in 2008, require a review committee to clear prosecution of an accused under UAPA before the relevant state government gives sanction - was essentially on technical grounds and not for want of evidence.

"This is something which can be corrected by getting the Delhi government to refer afresh the UAPA case against Ghandy to a review committee and then approaching the court with the sanction based on approval by the review committee," a home ministry official told ET.

The official added that there was enough evidence against Ghandy for his prosecution under UAPA. "Only two months back, the Supreme Court had suspended bail granted to Ghandy by the Andhra high court in the Narsi Reddy murder case," the official pointed out.

Until the Delhi Police sort out the UAPA fiasco, Ghandy will anyway be on trial for the IPC cases against him. The special cell of Delhi Police, in its main chargesheet, had slapped charges under UAPA, besides booking him for various offences under IPC relating to cheating, forgery and impersonation.

An alumni of the prestigious Doon School, Ghandy was part of the top leadership of erstwhile CPI-ML (People's War Group) from 1981 and continued as a Central Committee member in CPI (Maoist).

He was elected to its Politburo in 2007. Coming from an affluent family, Ghandy was Sanjay Gandhi's classmate in Doon and did his higher studies in London.

Though not directly involved in violent attacks, Ghandy was a committed Maoist ideologue whose writings and fiery speeches inspired and indoctrinated many a youth to turn to Left-wing extremism.

The Delhi Police, who arrested Ghandy here on September 20, 2009, have accused him of trying to set up a Naxal wing in Delhi. He is said to be the top architect of Maoist plans to set up base in urban areas by infiltrating student unions as well as labour unions.

The Delhi Police investigators claimed to have found a fake voter identity and PAN cards from Ghandy and had referred to a CD in which he was shown addressing the armed Maoist cadres.

The police also believe that Jharkhand police inspector Francis Induwar was taken hostage by Maoists to secure Ghandy's release and killed on October 6, 2009, after their demands were not met.

Maoist politburo, of which Ghandy was a part, was originally made up of 15 leaders, but its strength shrunk to eight following the arrest of seven members since 2005.

The jailed politburo members are Pramod Mishra, arrested in May 2008 from Dhanbad; Akhilesh Yadav; arrested in June 2011 from Gaya in Bihar; Amitabh Bagchi, arrested in August 2009 from Ranchi; Kobad Ghandy, arrested in September 2009 from Delhi; Baccha Prasad Singh, arrested in February 2010 from Kanpur; Narayan Sanyal, arrested in January 2006; and Sushil Roy, arrested in May 2005 from Hooghly in West Bengal. Kishenji alias M Koteshwar Rao was killed in 2011.

The wanted politburo members include Ganapathy from Karimnagar, Nambala Keshav Rao from Shrikakulam in Andhra Pradesh, Kattam Sudarshan alias Birender ji from Adilabad in Andhra Pradesh, Mallojula Venugopal from Karimnagar, Misir Besra from Jharkhand, Prashant Bose alias Kishenda from Jadavpur in West Bengal and Malla Raji Reddy from Karimnagar.


The Economic Times, 29 March, 2012, http://economictimes.indiatimes.com/news/politics/nation/delhi-police-goofs-up-on-maoist-leader-kobad-ghandy/articleshow/12449680.cms


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